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Supreme Court - Roster of Cases for Hearing

June 2016

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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, June 14, 2016
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2014-000764    The State, Respondent, v. Stephanie Irene Greene, Appellant.

Clarence Rauch Wise, of Greenwood, for Appellant. Attorney General Alan M. Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Stephanie Irene Greene was convicted of homicide by child abuse, involuntary manslaughter, and unlawful conduct towards a child. Greene appealed and this Court certified the appeal. Greene alleges the trial court erred in (1) not directing a verdict for Greene on all three charges because the State did not prove the morphine in Greene's deceased child came from breastfeeding, (2) not directing a verdict for Greene or granting Greene a new trial on the homicide by child abuse charge because the State did not prove Greene acted with extreme indifference, (3) not instructing the jury that convicting Greene of more than one of the charges would violate double jeopardy, and (4) not requiring the State in its closing argument to open on the law and the facts of the case and reply only to arguments raised in Greene's closing argument.

10:00 a.m. (Time Limits: 10-10-5)
2015-000334    The State, Respondent, v. Jon Wynn Jarrard, Sr., Petitioner.

Chief Appellate Defender Robert Michael Dudek and Craig Robert Stanley, both of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Deborah R.J. Shupe and Assistant Attorney General Mark R. Farthing, all of Columbia, and Solicitor Jimmy A. Richardson, II, of Conway, for Respondent.

The Court reviews the Court of Appeals' decision in State v. Jon Wynn Jarrard, Op. No. 2014-UP-470 (S.C. Ct. App. filed Dec. 17, 2014).

Wednesday, June 15, 2016
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2014-001692    The State, Respondent, v. Bryan Rearick, Appellant.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Alan Wilson, Senior Assistant Deputy Attorney General J. Benjamin Aplin, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia and Solicitor I. McDuffie Stone, of Bluffton, for Respondent.

After the circuit court declared a mistrial during a bench trial for the charge of felony driving under the influence resulting in death, Appellant moved to bar subsequent prosecution on the ground a second trial would violate the Double Jeopardy Clause. Appellant appeals the circuit court's order denying his motion. Specifically, Appellant argues: (1) the denial of a motion to dismiss on double jeopardy grounds is immediately appealable and, if so, (2) the circuit court's grant of a mistrial was erroneous in that there was no "manifest necessity" to warrant the ruling.

10:00 a.m. (Time Limits: 15-15-5)
2016-000021    Gail M. Hutto, Debra J. Andrews, Elizabeth W. Hodge, Margaret B. Lineberger, Lynn R. Rogers, Nancy G. Sullivan, Jane P. Terwilliger, Julian W. Walls, and all others similarly situated, Appellants, v. South Carolina Retirement System, Police Officers Retirement System, South Carolina Retirement Systems Group Trust, South Carolina Budget and Control Board and South Carolina Public Employee Benefit Authority, Respondents.

Richard A. Harpootlian and Christopher P. Kenney, both of Richard A. Harpootlian, P.A., of Columbia, James M. Griffin and Margaret N. Fox, both of Griffin Davis, of Columbia, for Appellants. Robert E. Stepp and Tina M. Cundari, both of Sowell Gray Stepp & Laffitte, of Columbia and Stephen Van Camp and Justin R. Werner, both of S.C. Public Employee Benefit Authority, of Columbia, for Respondents.

In this case, Appellants seek review of the circuit court's order dismissing their claims for declarative relief and repayment of earned wages from the State Retirement System.

Thursday, June 16, 2016
Supreme Court Courtroom
09:30 a.m. (Time Limits: 20-20-10)
2016-000630    David M. Pascoe, Solicitor of the First Judicial Circuit, Petitioner, v. James R. Parks, Clerk of Court for the State Grand Jury, Respondent.

David M. Pascoe, Jr., of Orangeburg, pro se Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Solicitor General Robert D. Cook and Assistant Deputy Attorney General S. Creighton Waters, all of Columbia and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

The Court granted the parties petition for original jurisdiction as to petitioner's request for a writ of mandamus.

09:30 a.m. (Time Limits: 20-20-10)
2016-000671    David M. Pascoe, Solicitor of the First Judicial Circuit, Petitioner v. Alan M. Wilson, South Carolina Attorney General, Respondent.

David M. Pascoe, Jr., of Orangeburg, pro se petitioner. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Solicitor General Robert D. Cook and Assistant Deputy Attorney General S. Creighton Waters, all of Columbia and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

The Court granted the parties petition for original jurisdiction as to petitioner's request for a declaratory judgment.

 

Cases to be Submitted Without Oral Argument

Travaughn Thomas, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Susan B. Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.

Elijah Baylock Jr., Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Lara M. Caudy, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Justin J. Hunter, both of Columbia, for Respondent.